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Burden of persuasion on infringement in declaratory judgment cases Octane Fitness v. Icon Health & Fitness: 572 U.S. 545: 2014: 9-0: Damages: Attorney Fees: An "exceptional" case is simply one that stands out from others because of its frivolous nature relating to the legal arguments or merits of the claim.
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Infringement requires a likelihood of misleading purchasers, not exact similitude; with laches, a court may deny past damages but still enjoin future infringement where infringement is clear. In re Trade-Mark Cases: 100 U.S. 82: 1879: 9–0: Substantive: Constitutional basis for trademark regulation: Majority: Miller (unanimous) Federal ...
Case Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary; New York Times Co. v. Tasini: 533 U.S. 483: 2001: 7–2: Substantive: Collective works
35 U.S.C. § 271(b) creates a type of indirect infringement described as "active inducement of infringement," while 35 U.S.C. § 271(c) creates liability for those who have contributed to the infringement of a patent. Both types of indirect infringement can only occur when there has actually been a direct infringement of the patent. [5]
Apple and Samsung litigated patent infringement cases in several European nations starting in 2011, with implications for device sales across all of the European Union. [ 75 ] [ 76 ] In August 2011, the Landgericht Court in Germany granted Apple's request for an EU-wide injunction banning Samsung from selling its Galaxy Tab 10.1 device, on the ...
The case In re Apple iPod iTunes Antitrust Litigation was filed as a class action in 2005 [9] claiming Apple violated the U.S. antitrust statutes in operating a music-downloading monopoly that it created by changing its software design to the proprietary FairPlay encoding in 2004, resulting in other vendors' music files being incompatible with and thus inoperable on the iPod. [10]
The purpose of prohibiting trade secret infringement is to avoid unfair advantage. [citation needed] One defendant had retired from the company but privately kept a copy of the source code and provided it to a rival company, shortening the rival company's development period by two months. The Court ruled that the GPL was not material to the case.
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